Russell Klein murder case: Lawyer’s bid to move Callum Cook’s murder trial to Brisbane

Lawyers of Callum Cook, accused of killing Russell Klein with a car on Christmas Day 2022, have applied to move his murder trial to Brisbane rather than Toowoomba.

Russell Klein was killed when he was struck by a car at his Millmerran home on December 25, 2022.

The alleged killer of Millmerran man Russell Klein will likely not stand trial for another year, Toowoomba Supreme Court has heard.

Callum Anthony Padaric Cook, who is charged with murdering the 55-year-old, has been remanded in custody since his arrest on Christmas Day in 2022.

Mr Klein suffered critical injuries after a car driven by Mr Cook crashed into the side of a Millmerran home on Commens Road.

Police allege Russell Klein was killed by Callum Anthony Padaric Cook, 30, on December 25, 2022.

Mr Cook’s murder charge was mentioned before Toowoomba Supreme Court on Wednesday where his legal team made an application to have the matter transferred to Brisbane.

Defence barrister Lars Falcongreen, instructed by Legal Aid solicitor Nick Bennett, argued extensive media coverage of the case had jeopardised his client’s right to a fair trial.

He said it would be a small inconvenience for Millmerran witnesses or family members of Mr Cook to travel to Brisbane rather than Toowoomba, as it would only be an additional hour and 30 minutes of travel time.

However, the Crown said the media coverage was no more than expected when it comes to a homicide case.

It was also noted by the Crown that the usual jury direction given at the start of trials would ameliorate and prevent prejudice, especially given that jurors are asked to excuse themselves if they have knowledge of the case or any information that may not make them impartial.

Justice Muir reserved her judgment, which is expected to be handed down before the same court on Friday, May 16.